The First Appellate Authority of the Insolvency and Bankruptcy Board of India disposed of an RTI appeal filed under Section 19 of the Right to Information Act, 2005, challenging the denial of information by the Central Public Information Officer. The appellant had sought confirmation on the correct person to submit claims in the corporate insolvency resolution process of a company, reasons for non-response by named professionals, and details of documents required, along with comprehensive CIRP-related particulars. The CPIO rejected the request, stating that it sought opinions and clarifications, which fall outside the scope of “information” under Section 2(f) of the RTI Act. Upon examination, the Appellate Authority reiterated that the right to information is limited to material held by or under the control of a public authority. It further noted that key CIRP details are already available in the public domain on the IBBI and NCLT websites, and the CPIO is not required to compile or customise information in a specific format. Accordingly, the appeal was disposed of.
BEFORE THE EXECUTIVE DIRECTOR AND FIRST APPELLATE AUTHORITY
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
Dated: 9th February 2026
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI
Appeal Registration No. ISBBI/A/E/25/000132
IN THE MATTER OF
Virendra Kumar
…Appellant
Vs.
Central Public Information Officer
The Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
… Respondent
1. The Appellant has filed the present Appeal dated 30th December 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act). Since the Appeal required detailed analysis of different provisions of the RTI Act, same is disposed of within 45 days of the receipt of impugned Appeal.
2. In its RTI application dated 04.12.2025, the Appellant has sought the following information:
“Can you please confirm whether Mr. Pawan Kumar Sharma / Mr. Hemanshu Lalitbhai Kapadia are the right person to get money Corporate Insolvency Resolution Process (CIRP) of Redkenko Health Tech Private Limited (CIN: U85100MH2020PTC335670), as per the public announcement on the IBBI website emailidhemanshu@hkacs.com, pawansharmairp@gmail.com, If Yes then what are the reason they are not responding, even I have shared all documents like Form B, notary, receipt etc offline through speed post and online through email. If no, then please provide details of correct person. and also provide list of the documents which I need to submit.”
In its reply dated 30.12.2025, the CPIO has replied that the information sought is in the nature of seeking “opinion”, which is beyond the ambit of information under Section 2(f) of the RTI Act. Aggrieved with the reply, the Appellant has filed the instant Appeal stating that the CPIO has wrongly denied the information sought.
3. I have carefully examined the application, the response of the Respondent and the instant Appeal and find that the matter can be decided based on the material available on record. In terms of section 2(f) of the RTI Act ‘information’ means “any material in any form, including records, documents, memos e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” It is pertinent to mention here that the Appellant’s “right to information’ flows from section 3 of the RTI Act and the said right is subject to the provisions of the Act. Section 2(j) of the RTI Act defines the “right to information” in term of information accessible under the Act which is held by or is under the control of a public authority. Thus, if the public authority holds any information in the form of data, statistics, abstracts, an applicant can have access to the same under the RTI Act subject to exemptions under section 8.
4. The Appellant has sought the following information pertaining to the insolvency resolution process of Kenko Health Tech Private Ltd.
- CIRP commencement date and NCLT admission order details
- Name, registration number, and contact details of the appointed IRP/RP.
- NCLT Bench and case number under which CIRP is admitted.
- Public announcement date and copy of the public announcement
- Current status of the CIRP proceedings.
- Details of the Committee of Creditors (CoC), if constituted
- Last and next date of hearing, if applicable
5. It is pertinent to note that the information pertaining to the corporate insolvency resolution process of corporate debtors is hosted by IBBI on its website at https://ibbi.gov.in/claims/corporate-personals. Moreover, the information and status of the judicial proceedings is hosted on the website of National Company Law Tribunal at https://efiling.nclt.gov.in/casehistorybeforeloginmenutrue.drt . Since the information as “held by or under the control of any public authority” under Section 2(j) of the RTI Act is available in public domain, the CPIO is not obligated to compile the information in a specific format, as sought by the Appellant.
6. In view of the aforesaid observation, the Appeal is accordingly disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
Copy to:
1. Appellant, Virendra Kumar
2. CPIO, The Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
